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HomeMy WebLinkAboutOrd 07-12 ZOA Sign Regs ORDINANCE NO. 7 - 12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************** AMENDING CHAPTER 8.84 (SIGN REGULATIONS) OF THE ZONING ORDINANCE CITY-WIDE PLPA-2011-00026 WHEREAS, the City is initiating amendments to the Zoning Ordinance to bring greater clarity and consistency to existing regulations; and WHEREAS, amendments are proposed to Chapter 8.84 (Sign Regulations) as it relates to flags, temporary promotional signs, and the regulation of signage in the Downtown Dublin Zoning District; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on August 23, 2011 and adopted Resolution 11-23 recommending that the City Council adopt an Ordinance amending Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.84 (Sign Regulations) and Chapter 8.108 (Temporary Use Permit) of the Dublin Municipal Code; and WHEREAS, on October 4, 2011 the City Council waived the reading and introduced an Ordinance amending Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), and Chapter 8.108 (Temporary Use Permit) but excluded Chapter 8.84 (Sign Regulations); and WHEREAS, Staff was directed to hold a public meeting to obtain input from the community on the proposed amendments to Chapter 8.84 (Sign Regulations); and WHEREAS, on February 9, 2012 a public meeting was held in the Regional Meeting Room at Dublin City Hall and interested members of the community provided feedback on the proposed amendments; and WHEREAS, a properly noticed public hearing was held by the City Council on March 6, 2012 at which the community feedback was presented; and WHEREAS, Staff was directed to modify the proposed amendments to Chapter 8.84 (Sign Regulations) to change the amount of time that Temporary Promotional Signs are allowed to be displayed; and WHEREAS, pursuant to Government Code section 65857, the Planning Commission is required to review and make a recommendation on the proposed modification; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on March 27, 2012 and adopted Resolution 12-18 recommending that the City Council amend Chapter 8.84 (Sign Regulations) of the Zoning Ordinance to change the amount of time that Temporary Promotional Signs are allowed to be displayed; and 1 of 9 WHEREAS, a properly noticed public hearing was held by the City Council on April 17, 2012; and . WHEREAS, the City Council did hear and use its independent judgment and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: SECTION 1. The City Council finds that this Ordinance is consistent with the Dublin General Plan and all applicable Specific Plans in that the General Plan and applicable Specific Plans include policies which support the development of commercial uses and the proposed Zoning Ordinance Amendments facilitate commercial development by bringing greater clarity and consistency to existing commercial regulations related to signage. SECTION 2. Compliance with California Environmental Quality Act ("CEQA"): The City Council declares this Ordinance is exempt from CEQA per CEQA Guidelines Section 15061 (b)(3). Section 15061 (b )(3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of this Ordinance is exempt from CEQA because the Ordinance does not, in itself, allow the construction of any building or structure, but it sets forth the regulations that shall be followed if and when a building or structure is proposed to be constructed or a site is proposed to be developed. This Ordinance of itself, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. SECTION 3. The following definitions are hereby added to Section 8.84.020 (Definitions) of Title 8 of the Dublin Municipal Code to read as follows, with the other definitions contained in Section 8.84.020 (Definitions) to be re-Iettered accordingly: Flags - AutomobileNehicle Sales. The term Flags - AutomobileNehicle Sales shall mean a sign constructed of cloth, canvas or another light fabric with or without a rigid frame intended to be displayed on a regular basis to advertise the business name. Flags - Seasonal. The term Flags - Seasonal shall mean a sign constructed of cloth, canvas or another light fabric with or without a rigid frame intended to be displayed for a limited period of time and/or changed on a regular basis to coincide with the four seasons of the year. SECTION 4. Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) of Title 8 of the Dublin Municipal Code is hereby amended to add a new column for the Downtown Dublin Zoning District ("DDZD"), to add a new Sign Type for "Flags-AutomobileNehicle Sales", and to remove the Sign Types "Open House" and "Window". Matrix A shall read as follows in its entirety: 2 of9 Matrix A Sign Approvals and Decisionmaker Authority by Zoning District R-1, DDZD. M-P, Sign Type A R-2, C-N C-Q C-1 C-2 M-1, R-M M-2 Awning L X ZC ZC ZC ZC ZC ZC Bulletin Board BP BP BP BP BP BP BP BP Coming Soon X X ZC ZC ZC ZC ZC ZC ,Community 10 X ZC ZC ZC ZC ZC ZC ZC Electronic Readerboard X X CUP CUP CUP CUP CUP CUP (PC) (PC) (PC) (PC) (PC) (PC) Flags- AutomobileNehicle Sales X X ZC ZC ZC ZC ZC ZC Freestanding 20' or Less in L X ZC X BP BP BP BP Height Freestanding Greater than 20' in X X X X SDR SDR SDR SDR 'Height Grand Opening X X ZC ZC ZC ZC ZC ZC Identification** ZC/ ZC/ ZC/ ZC/ ZC/ ZC/ ZC/ ZC/ SDR SDR SDR SDR SDR SDR SDR SDR Master Sign Program SDR X SDR SDR SDR SDR SDR SDR (ZA) (ZA) (ZA) (ZA) (ZA) (ZA) (ZA) Office Building Master 10 X X ZC ZC ZC ZC ZC ZC 'Off-Site Residential Development BP BP BP BP BP BP BP BP Directional Off-Site Temporary For Sale or L X ' ZC ZC ZC ZC ZC ZC Lease Permanent Banner Sign X X X X MSP/ MSP/ MSP/ MSP/ SDR SDR SDR SDR Projecting Sign L X BP BP BP BP BP HP Service Station Display Structure X X ZC X ZC ZC ZC ZC Service Station Price Sign X X ZC X ZC ZC ZC ZC Special Easement L X ZC ZC ZC ZC ZC ZC Temporary Promotional (21 X ZC*** ZC ZC ZC ZC ZC ZC Days) Tenant Directory X X BP BP BP BP BP BP Wall L X BP BP BP BP BP BP 3of9 SECTION 5. Section 8.84.040.B (Matrix B, Sign Development Regulations) of Title 8 of the Dublin Municipal Code is hereby amended to add a new row for the Sign Type "Flags-AutomobileNehicle Sales" and to amend the row for the Sign Type ''Temporary Promotional" as follows: . Sign Type . Maximum Maximum Maximum Location Copy Additional Section Number of Height Area per Requirements Restrictions Regulations No. Signs Side in Sq.Ft. Flags - See See See Section See Section See Section See Section Automobile/ Section Section 8.84.050.F 8.84.050.F 8.84.050.F 8.84.050.F Vehicle 8.84.050.F 8.84.050.F Sales Temporary Two (2). Per Zoning Banner signs Only on site on Per Zoning Maximum of Promotional Clearance. shall not be which business Clearance. 21 Section One (1 ) on larger than is located and consecutive 8.84.050.S a tenant 60 square shall not be calendar building feet. located so that days per frontage the sign is. permit; 42 and one (1) higher than the consecutive on the eave of the calendar street structure in days waiting . frontage. If which the period more than business is between one street located. permits. frontage, one (1) sign may be displayed on each street frontage, up to two street frontages, if . the signs are at least 200-feet apart. Temporary One (1) Temporary Temporary Promotional Hanner for Banners for Banner for Apartment Apartment Apartment .Communities Communities ,Section which shall shall be 8.84.050.S not exceed allowed a 40f9 Sign Type : Maximum Maximum Maximum Location Copy Additional Section Number of Height Area per Requirements Restrictions . Regulations No. Signs Side in Sq.Ft. 12 square maximum of feet. 90 days per calendar year in any time configuration desired. Section 8.84.040.B (Matrix B, Sign Development Regulations) of Title 8 of the Dublin Municipal Code is hereby amended to remove the row for the Sign Type "Open House" and to remove the row for the Sign Type "Window". All other provisions contained in Matrix B shall remain the same except that the Section references contained in the "Sign Type Section No." column shall be revised for consistency with Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code. SECTION 6. . Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code is hereby amended as follows: . a). The following shall be deleted: L. Open House Signs. Open-House Signs are permitted subject to the following special provisions: 1. A maximum of four (4) open-house signs are permitted for each property being advertised for sale. Such signage shall not be located within the public right-of-way (which includes, but is not limited to, the sidewalk and the greenway between the sidewalk and the curb) where such signage endangers the safety of persons or property, disrupts the normal flow of vehicle or pedestrian traffic, blocks views of such traffic, blocks ingress into or egress from any residence or place of business, or restricts a sidewalk to less than thirty-two (32) inches. Signage may be placed in a landscaping strip between the roadway and the sidewalk. 2. Signage is prohibited in public streets and the center divider strip and/or traffic islands of public streets. 3. Signage is not to be adhered or attached to any public sign post, traffic signal or utility pole. 4. Signs cannot be placed within a five (5) foot radius of a call box, fire hydrant or mail box. 5of9 5. No more than eight (8) open-house signs shall be placed at any intersection. No more than one (1) sign per property being advertised may be placed at an intersection. 6. Signs cannot have additional tags, riders, streamers, balloons or other attachments. 7. The size of the sign shall not exceed four (4) square feet per side, and the height shall not exceed three (3) feet above grade. 8. Open-house signs shall be permitted on holidays, Saturdays, Sundays and one agent tour day each week from 10:00 a.m. through sunset. 9. The City shall be authorized to assess all necessary costs for the time spent by City personnel, or its authorized agents, to remove illegally located open-house signs. In cases of repeated violations of requirements dealing with open-house signs, rights to locate new open-house signs in the City shall be forfeited. 10. Proper authorization by the affected private property owner shall be secured prior to placement of signs on private property. v. Window Signs. Window Signs shall not exceed twenty-five percent (25%) of the contiguous window area from which they are viewed. b) The following shall be added: Flags - AutomobileNehicles Sales. AutomobileNehicle Sales Flags are permitted in those Zoning Districts where AutomobileNehicle Sales are permitted subject to approval of a Zoning Clearance. AutomobileNehicle Sales Flags are subject to the following: 1. AutomobileNehicle Sales Flags shall be located on the site where the business being advertised is conducted. 2. The location of AutomobileNehicle Sales Flags shall be limited to private property light poles and shall not extend above the top of the light pole. 3. The number of AutomobileNehicle Sales Flags shall be limited to one (1) flag per light pole, up to one-half of all light poles located on the site. 4. AutomobileNehicle Sales Flags shall be limited to a maximum of 20 square feet and may be single sided or double sided. 5. AutomobileNehicle Sales Flags shall have a clearance of eight (8) feet above the ground and fourteen (14) feet above a driveway, alley or other vehicular access way. No flag shall project into a public right-of-way. 6. AutomobileNehicle Sales Flags shall be maintained in good condition at all times. Any flag that is faded, torn or otherwise determined by the Community Development Director to not be in good condition shall be removed upon request and may be replaced subject to compliance with Section 8.84.050.F. 6of9 c) The following shall be amended to read as follows: S. Temporary Promotional Signs. Up to two (2) Temporary Promotional Signs permitted pursuant to a Zoning Clearance and may be placed on site for a maximum of twenty-one (21) consecutive calendar days per permit when used for special promotional events or needs. A minimum waiting period of forty-two (42) consecutive calendar days between permits is required, with the exception of balloons as defined herein and temporary banners for apartment communities. A Banner Sign shall not be larger than 60 square feet in size and the sign shall not be located so that the sign is taller than the eave of the structure in which the business is located. One (1) temporary promotional sign may be displayed on a tenant's building frontage and one (1) temporary promotional sign may be displayed on the street frontage. If there is more than one street frontage, one (1) temporary promotional sign may be displayed on each street frontage (in lieu of the building frontage), up to two street frontages, if the signs are at least 200-feet apart. One (1) temporary banner for apartment communities is permitted pursuant to a Zoning Clearance and may be placed on site for a maximum of ten (10) consecutive calendar days per permit when used for special promotional events or needs. A minimum waiting period of twenty (20) consecutive calendar days between permits is required. In addition, the duration in which banners may be displayed is limited to a maximum duration of 90 days per calendar year. A temporary banner sign for apartment communities shall not be larger than 12 square feet (see Section 8.84.020.B for definition of apartment communities). Any tethered or untethered balloon of greater than 15 inches in diameter shall be permitted only as a temporary promotional sign and subject to a permit. All balloons shall be tethered to the ground only with the bottom of the balloon on the ground and shall not be permitted to be attached to any structure or vehicle. Nopermit(s) singularly or cumulatively shall be issued that allows any temporary promotional signs that include balloons for more than 21 days per calendar year. Zoning c1earance(s) may be issued for periods less than 15 days. Up to 4 searchlights, attached to function as a single unit, are permitted as a Temporary Promotional Sign pursuant to a Zoning Clearance. No permit(s) singularly or cumulatively shall be issued that allows any temporary promotional sign(s) that include searchlights for more than 21 days per calendar year. Zoning clearance(s) may be issued for periods less than 15 days. Section 8.84.050 (Signs Subject to Permits) and Section 8.84.040 (Matrix B, Sign Development Regulations) shall be re-Iettered accordingly. SECTION 7. Section 8.84.140 (Exempt Signs) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: B. Flags. The flag, or insignia of any charitable, educational, philanthropic, civic, professional or religious organization or seasonal flags. 70f9 SECTION 8. Section 8.84.140 (Exempt Signs) of Title 8 of the Dublin Municipal Code is hereby amended as follows: a) The following shall be added: Open House Signs. Open-House Signs are permitted subject to the following special provisions: 1. A maximum of four (4) open-house signs are permitted for each property being advertised for sale. Such signage shall not be located within the public right-of-way (which includes, but is not limited to, the sidewalk and the greenway between the sidewalk and the curb) where such signage endangers the safety of persons or property, disrupts the normal flow of vehicle or pedestrian traffic, blocks views of such traffic, blocks ingress into or egress from any residence or place of business, or restricts a sidewalk to less than thirty-two (32) inches. Signage may be placed in a landscaping strip between the roadway and the sidewalk. 2. Signage is prohibited in public streets and the center divider strip and/or traffic islands of public streets. 3. Signage is not to be adhered or attached to any public sign post, traffic signal or utility pole. 4. Signs cannot be placed within a five (5) foot radius of a call box, fire hydrant or mail box. 5. No more than eight (8) open-house signs shall be placed at any intersection. No more than one (1) sign per property being advertised may be placed at an intersection. 6. Signs cannot have additional tags, riders, streamers, balloons or other attachments. 7. The size of the sign shall not exceed four (4) square feet per side, and the height shall not exceed three (3) feet above grade. 8. Open-house signs shall be permitted on holidays, Saturdays, Sundays and one agent tour day, each week from 10:00 a.m. through sunset. 9. The City shall be authorized to assess all necessary costs for the time spent by City personnel, or its authorized agents, to remove illegally located open-house signs. In cases of repeated violations of requirements dealing with open-house signs, rights to locate new open-house signs in the City shall be forfeited. 10. Proper authorization by the affected private property owner shall be secured prior to placement of signs on private property. 8 of 9 Window Signs. Window Signs shall not exceed twenty-five percent (25%) of the contiguous window area from which they are viewed. b) The remainder of Section 8.84.140 (Exempt Signs) shall be re-Iettered accordingly to reflect the changes made by Section 8. SECTION 9. Effective Date and Postinq of Ordinance This Ordinance shall take effect and be in force thirty (30) days from and after the date of its final adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 39633 of the Government Code of California. PASSED, APPROVED, AND ADOPTED this 1st day of May, 2012', by the following vote: AYES: Council members Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None of L~l- Mayor ATTEST: ~{~~ , City Clerk Ord. 7-12, Adopted 5-1-12, Item 4.6 9of9